Tag Archives: Bilateral Investment Treaty (BIT)

Mixed messages to investors as India quietly terminates bilateral investment treaties with 58 countries

The Government of India says it has sent notices to terminate bilateral investment treaties (BITs) with 58 countries, including 22 EU countries.  It has been reported that many of these BITs will cease to apply to new investments from as … Continue reading

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Filed under Asia, India, Investment Arbitration, Trade Agreements

Urbaser v. Argentina and Burlington v. Ecuador: Investment arbitration is not over the counterclaims yet

Two recent decisions by tribunals have advanced the body of tribunal practice considering the issue of counterclaims by respondent states in investment treaty arbitration: Burlington Resources Inc. v. Ecuador, in which the tribunal awarded damages against the investor for breach … Continue reading

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Filed under Investment Arbitration, Jurisdiction, The Americas

New dispute resolution rules for foreign investors in South Africa

South Africa’s draft regulations for investor-state mediation require refinement to work effectively with international arbitration. Interested parties have until 28 February 2017 to comment on draft Regulations on Mediation Rules (Regulations) published by South Africa’s Department of Trade and Industry … Continue reading

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Filed under ADR, Africa, Arbitrators

India seeks to re-negotiate Bilateral Investment Treaties with over 47 countries

As we previously reported in April 2015 and January 2016, the Government of India ("GOI") published a draft Model Text for the Indian Bilateral Investment Treaty ("Model BIT") to serve as a framework for the renegotiation of India's bilateral investment … Continue reading

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Filed under India, Investment Arbitration, Public International Law

Recent Developments in India-related international arbitration

Herbert Smith Freehills has issued the latest edition of its Indian international arbitration e-bulletin.   In this issue, we consider Indian court decisions on the arbitrability of fraud and the enforceability and execution of a foreign award against a "sick" Indian company.  We … Continue reading

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Filed under Asia, India, News

Video post in “Observations on Arbitration” series: “Introduction to Investment Arbitration”

In this video post in the “Observations on Arbitration” series, Christian Leathley provides an Introduction to Investment Arbitration, discussing the ways in which an investment arbitration can arise, explaining what bilateral investment treaties (BITs) are and outlining the nature of … Continue reading

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Filed under Investment Arbitration, Video

Australia’s Conflicting Approach to ISDS: Where to From Here?

Keeping abreast of Australia’s stance on ISDS can be a confusing exercise. Australia’s approach to investor-state dispute settlement (ISDS) continues to be hotly debated in the wake of recent revelations by Wikileaks that the investment chapter of the Trans-Pacific Partnership … Continue reading

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Filed under Australia, Investment Arbitration

Indonesia announces renegotiation of BITs

Since the Dutch government’s announcement last year that Indonesia had terminated the 1995 Bilateral Investment Treaty (BIT) between those countries, speculation has been rife regarding the status of Indonesia’s remaining BITs, signed with more than 60 countries. On 12 May … Continue reading

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Filed under Investment Arbitration, Jurisdiction, South East Asia

Singapore High Court overturns Tribunal’s Award on Jurisdiction in Investor-State Arbitration

The Singapore High Court recently ruled in favour of the Government of Laos in a challenge to the jurisdiction of an arbitral tribunal hearing a claim involving a Macanese company, under the PRC-Laos bilateral investment treaty. This case represents one … Continue reading

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Filed under Asia, Investment Arbitration, Jurisdiction, Public International Law, State succession

Investment protection and ISDS in the TTIP: the discussion continues with more consultation around the corner

Yesterday afternoon, the EU Commission issued its Report on the outcome of the public consultation on the inclusion of investment protection and investor-state-dispute-settlement (ISDS) in the Transatlantic Trade and Investment Partnership (TTIP) being negotiated between the EU and the US. … Continue reading

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Filed under Europe, Investment Arbitration, Public International Law, The Americas